Who will be exempted from work permits in Vietnam
Work permit in Vietnam is a generic term for a legal authorization which allows a person to take employment in Vietnam.
Normally, each of these permits in Vietnam will list the place of work, the position and the duration of employment of foreigners. The term of employment will also depend on the employment contract between the employee and the company but must not exceed two years and may be reissued (extended).
Vietsourcing HR would like to send you information regarding work permits to help you have an overview and clearer about this extremely necessary document.
With the above definition of Work Permit, you probably understand what this permit is for. However, who is required and who can be exempted from work permits?
Under the provisions of law, the following cases will be exempted from work permits:
- Capital-contributing member or owner of a limited liability company.
- Member of the Board of Directors of a joint stock company.
- Head of representative office, project of international organizations, non-governmental organizations in Vietnam.
- Entering Vietnam with time limit of less than 03 months to conduct service offering.
- Entering Vietnam for less than 03 months to deal with incidents, complicated technical and technological situations that affect or threaten to affect production and business activities of Vietnamese experts and other Foreign experts currently in Vietnam cannot handle it.
- A foreign lawyer who has been licensed to practice law in Vietnam under the provisions of the Law on Lawyers.
- In accordance with the provisions of international treaties to which the Socialist Republic of Vietnam is a member.
- As a student studying in Vietnam working in Vietnam, the employer must give 07 days notice to the provincial labor management authority.
- Move within enterprises within the scope of 11 service sectors in Vietnam’s service commitments to the World Trade Organization, including: business, information, construction, distribution, education and environment. School, finance, health care, tourism, cultural entertainment and transportation;
- Enter Vietnam to provide technical and technical advice or perform other duties for research, construction, evaluation, monitoring, evaluation, management and implementation of the program, projects using official development assistance (ODA) sources under regulations or agreements in international treaties on ODA signed between competent Vietnamese and foreign agencies;
- Being licensed by the Ministry of Foreign Affairs to do press activities in Vietnam according to the provisions of law;
- Being sent by foreign agencies or organizations to Vietnam to teach and research at international schools under the management of foreign diplomatic missions or international organizations in Vietnam or assigned by the Ministry of Education and Training certifying to teach and research at educational and training establishments in Vietnam;
- Volunteers certified by foreign diplomatic missions or international organizations in Vietnam;
- Entering Vietnam to work as a specialist, manager, executive director or technical worker with a working period of less than 30 days and cumulative working time not exceeding 90 days in a year;
- Entering Vietnam to implement international agreements which agencies and organizations at the central and provincial level signed under the provisions of law;
- Pupils and students currently studying at foreign schools and training institutions have internship agreements in agencies, organizations and enterprises in Vietnam;
- Relatives of members of foreign representations in Vietnam who work after being licensed by the Ministry of Foreign Affairs, unless otherwise provided for by international treaties to which the Socialist Republic of Vietnam is a signatory;
- Having official passports to work for state agencies, political organizations, socio-political organizations;
- Other cases are decided by the Prime Minister at the request of the Ministry of Labor, War Invalids and Social Affairs.
In addition to the above 19 subjects, those who are required to apply for a work permit when working in Vietnam will be those who have a working period of more than 3 months and want to apply for permission to work in Vietnam, they are required to have enough standard working conditions as well as categories such as: managerial, executive director, expert or skilled labor.
Regarding the conditions to be recognized by the law as managers, executives or technical workers, the following information should be noted:
For Director, executive directors, Chief Rep.:
- Possessing a work permit or labor contract or appointment decision which identifies the foreign worker already working at the managerial or executive director position.
- Written confirmation that the manager or executive director is certified by the agency, organization or enterprise that the foreign worker has worked for.
For foreign employee who are directors, executives, experts or technical workers engaged in the operation of foreign enterprises that have established a commercial presence in Vietnam, a written certification must be obtained. Foreign workers are allowed to participate in activities of such foreign enterprises.
In order to best support enterprises in complying with labor regulations, including registering work permits for foreigners, Vietsourcing HR provides the following services:
- New registration service work permit for foreign workers
- Service permit extension for foreign workers
- Temporary residence card registration service for foreign workers of enterprises according to the provisions of Clause 18, Article 4 of the Enterprise Law or heads or deputy heads of agencies or organizations;
Learn more about how we can help your expatriate for work permit in Vietnam? Click hereTo Schedule A Consultation!